Is International Law True Law?
One theory which has enjoyed wide acceptance is that international law is not true law but a code of rules of conduct of moral force only.The English writer on juris-prudence,Austin must be regarded as foremost among the protagonists of this body.According to that openion the law is true law only when there is an authority vested with the making of law,another vested with the settlement of conflicts which arise between persons and a third vested with the pursuing of the excution of dicisions and judgements pronounced and declared such is not the case of International Law because the State do not recognize the existance of high authority to which they feel to obey.En an other term,there is no legislative authority-above the States-to lay down the rules of international law,there is no judicial authority to ensure the respect of the international law and there is no executive power to execute the dicisions adopted.
So the international law is not true law.this openion is not exactly true for the following reasons:
1-Even if it is being true that there is no legislative authority in the international field but it has been true also that there are a systems of law being in force and observed in many communities without a formal legislative authority.
2-Althow the State themselves lay down the rules of international law by customs or by treaties but we can say that a great mass of international legislation has into existance as a result of law making treaties and conventions which had concluded by States.
3-It is known that the judicial authority in international system is represented by Arbitration tribunals and by International Court of Justice.
4-After the Character of the United Nations had cocluded in 1945 in San Francisco,the rules of puplic international law tended to be most effective.
for these reasons,we can say that the rules of international law are true law.
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